A federal judge in Atlanta ruled on Tuesday that former President Donald Trump and his campaign must refrain from using the song “Hold On, I’m Coming” as the estate of one of the song’s co-writers pursues legal action against him regarding its unauthorized use.
The estate of Isaac Hayes Jr. filed a lawsuit last month, claiming that Trump, his campaign, and several of his associates infringed upon their copyright and demanded damages. After a hearing concerning an emergency preliminary injunction, U.S. District Judge Thomas Thrash ordered Trump to stop using the song. However, he declined to require the campaign to remove any existing videos that feature it.
Hayes, who passed away in 2008 at the age of 65, co-wrote “Hold On, I’m Coming” with David Porter, a hit for the soul duo Sam & Dave in 1966.
Trump’s attorney, Ronald Coleman, stated that the former president and his campaign had already stopped using the song. “We are pleased that the court acknowledged the First Amendment issues involved and did not mandate the removal of existing videos,” Coleman commented.
Isaac Hayes III, the son of the late songwriter, expressed gratitude for the judge’s decision, hoping it encourages other artists who oppose their music being used for political purposes to advocate for their rights and copyright.
James Walker, an attorney for the Hayes family, emphasized that this case transcends politics, focusing instead on the protection and proper use of artistic works, respecting the effort and creativity invested by the artists.
Several artists and their representatives have voiced their opposition to Trump using their music during his events. Following one of Trump’s rallies in Bozeman, Montana, Celine Dion’s team declared that her performance of “My Heart Will Go On” was not endorsed by her and was unauthorized.
Many artists, including Bruce Springsteen, Rihanna, and Neil Young, have expressed their discontent with Trump using their music leading up to the 2020 election.
David Porter publicly criticized Trump’s use of “Hold On, I’m Coming” in 2022, while Sam Moore, one half of Sam & Dave, had performed at a pre-inauguration concert for Trump and has indicated his disagreement with the actions taken by Hayes’ estate.
The ongoing litigation resulted from the lawsuit filed by the estate and Isaac Hayes Enterprises, which asserts that they hold all rights to the song, including its copyright. It claims Trump and his campaign have utilized the song as “outro” music since 2020, using it over 133 times, without permission or obtaining a valid public performance license.
The lawsuit maintains that Trump’s use of the song misrepresents an association between Hayes’ legacy and Trump’s campaign, potentially misleading the public into believing there is an endorsement involved. They seek damages for the alleged copyright infringements.
Trump’s legal team argues that the Hayes estate has not demonstrated ownership of the copyright or any harm caused. They noted that the campaign secured a license from BMI Music in November 2022 allowing the use of “Hold On, I’m Coming.”
They also contend that the song’s presence as background music in some campaign videos falls under the fair use doctrine and would not affect the song’s market value.
In response to the lawsuit, Justin Caporale, a deputy manager for the Trump campaign, stated they would refrain from using the song at events out of respect for the ongoing litigation.
Sam Moore stated in a court filing that while the Hayes estate seeks to promote Isaac’s legacy, his own identity is also significantly tied to “Hold On, I’m Coming.” He expressed concerns that if the court supports Hayes’ estate, he may be barred from performing the song at future Trump events.
The case is still active, with further proceedings expected.